What to Consider When Changing Law Firms Mid-Claim: The Procedure for Switching Solicitors

This does not constitute legal advice. Consult a solicitor for your specific case.

In 2025, the Hong Kong Law Society reported a 12% increase in complaints against solicitors related to handling personal injury and employees’ compensation claims compared to the previous year, with a significant portion stemming from communication breakdowns and delays in settlement. For a claimant already navigating the physical and financial strain of an injury, the decision to change law firms mid-claim is not merely a preference; it is a procedural step governed by the Solicitors’ Practice Rules (Cap. 159H) and the inherent jurisdiction of the court. The process is not instantaneous, and the timing of a switch can directly affect the progress of your case, the calculation of costs, and the security of your settlement funds. Understanding the mechanics of a solicitor change — from the formal retainer termination to the court’s role in approving a substitution — is critical. This article outlines the legal framework and practical steps for switching solicitors in a Hong Kong personal injury or employees’ compensation claim, focusing on what the legislation and court procedure require, not what a lawyer might advise you to do.

The Legal Basis for Changing Solicitors: Retainer and the Solicitors’ Code of Conduct

The relationship between a client and a solicitor is contractual, governed by a retainer agreement. The legislation provides that a client has the right to terminate this retainer at any time, subject to the solicitor’s right to be paid for work done (s. 56 of the Legal Practitioners Ordinance, Cap. 159). The procedure for switching is not a single act but a sequence of formal steps.

Step 1: Terminating the Existing Retainer

The court procedure is that you must provide written notice to your current solicitor. A verbal instruction is insufficient. The notice should state the date of termination and request the solicitor to cease all work on your file. The Solicitors’ Practice Rules (Cap. 159H, Rule 5) require the solicitor to act on your instructions promptly upon receipt of such notice.

Once the retainer is terminated, the former solicitor has a duty to deliver the client’s file to you or to the new solicitor. This duty is subject to the solicitor’s lien — a right to retain the file until their professional fees are paid. If you dispute the fees, the court can intervene. The High Court in Re a Solicitor [2000] 3 HKLRD 1 held that a solicitor cannot unreasonably withhold a file if the client offers to pay the disputed amount into court or provides security. The procedure is: you must either pay the outstanding bill or apply to the court for an order for delivery of the file.

Step 2: The New Solicitor’s Acceptance and Conflict Check

The new solicitor must conduct a conflict of interest check before accepting your instructions. This is mandatory under the Solicitors’ Practice Rules (Cap. 159H, Rule 5A). If your current solicitor is acting for another party in the same matter (e.g., an employer in an employees’ compensation claim), the new solicitor cannot take your instructions if a conflict arises.

The procedure is: the new solicitor will send a letter to your former solicitor confirming they have been instructed and requesting the file. This letter also serves as a formal notice to the former solicitor that their retainer has ended. The former solicitor must respond within 14 days, either delivering the file or stating the basis for withholding it.

Practical Consequences for the Litigation Timeline

Changing solicitors mid-claim does not automatically stop the court’s clock. The District Court Rules (Cap. 336, subsidiary legislation) and the Rules of the High Court (Cap. 4A) provide strict deadlines for filing pleadings, discovery, and setting down for trial.

The Effect on Existing Court Orders and Directions

If the court has already given directions — for example, a timetable for exchanging medical reports or filing witness statements — the change of solicitors does not suspend those orders. The legislation provides that the new solicitor steps into the shoes of the former one. If a deadline is missed, the new solicitor must apply to the court for an extension, and the court will consider the reason for the delay.

In Chan Wai Ming v. HKSAR (a 2022 Court of First Instance decision on case management), the judge refused to extend time for filing a medical report where the claimant changed solicitors two weeks before the deadline and the new solicitor failed to act promptly. The court held that the change of solicitors was not, by itself, a good reason for delay. The takeaway: the new solicitor must immediately review the case timetable upon taking instructions.

The Impact on Settlement Negotiations and Offers

If your former solicitor has already received a settlement offer from the defendant, the change of solicitors does not invalidate that offer. The offer remains open until it is accepted or withdrawn. The procedure is: the new solicitor must be informed of all open offers and the deadline for acceptance.

A 2023 review by the Employees’ Compensation Board noted that 40% of cases where a claimant changed solicitors resulted in a delay in settlement negotiations of at least three months, primarily because the new solicitor needed time to review the file and obtain fresh medical evidence. The practical consequence: you may lose the benefit of a time-limited offer if the switch is not handled quickly.

The Role of the Court in Approving a Substitution

For most personal injury claims in the District Court or Court of First Instance, the change of solicitors does not require court approval. The new solicitor simply files a Notice of Change of Solicitor (Form 14 in the District Court) with the court and serves it on all other parties.

When Court Approval Is Required

The court procedure changes if the case has already been set down for trial or if a solicitor has been appointed by the court (e.g., for a person under a disability). In those cases, the new solicitor must apply to the court for an order to be substituted. The application is made by summons, supported by an affidavit explaining the reason for the change and confirming the new solicitor’s willingness to act.

The legislation provides that the court may refuse the application if it considers the change would cause prejudice to the other party or disrupt the trial date. In Re Ho Wai Ming (a minor) [2019] HKDC 145, the District Court refused a substitution application made six weeks before trial, finding that the claimant had not provided a sufficient reason for the change and that the defendant would be prejudiced by the delay.

The Cost Consequences of a Court Application

If court approval is required, the costs of the application are usually borne by the party seeking the change — that is, you. The court may order the former solicitor to pay the costs if the change was necessitated by the solicitor’s misconduct. The procedure is: the new solicitor must advise you on the likely costs of the application before proceeding.

Financial and Ethical Considerations: The Lien and the Settlement Proceeds

The most contentious issue when changing solicitors is the former solicitor’s lien over the file and the settlement proceeds.

The Solicitor’s Lien Over the File

The common law in Hong Kong (affirmed in Re a Solicitor [2000] 3 HKLRD 1) recognises a solicitor’s lien over the client’s file for unpaid fees. The legislation does not abolish this lien. The procedure is: if you cannot pay the outstanding fees, the new solicitor must negotiate with the former solicitor for the release of the file. This often involves the new solicitor undertaking to pay the fees from the eventual settlement proceeds.

The practical consequence: if the former solicitor refuses to release the file, your new solicitor cannot proceed with the claim until the lien is resolved. This can delay the case for weeks or months.

The Lien Over Settlement Funds

The Employees’ Compensation Ordinance (Cap. 282) provides that the court must approve any settlement of an employees’ compensation claim before the funds are paid out. If you change solicitors after a settlement is reached but before the court approves it, the former solicitor may assert a lien over the settlement proceeds.

The procedure is: the court will hold a hearing to determine the distribution of the settlement funds, including the former solicitor’s fees. The court will not approve the settlement until the fee dispute is resolved. In Re Li Ka Chun (an employee) [2021] HKEC 234, the District Court ordered that the former solicitor’s fees be paid directly from the settlement proceeds before the balance was released to the claimant.

Actionable Takeaways

• Give your current solicitor written notice of termination and request the file immediately; do not rely on verbal instructions.
• Instruct your new solicitor to conduct a conflict check and review the court timetable within 48 hours of accepting your case.
• If a settlement offer is pending, ask your new solicitor to confirm the deadline for acceptance in writing on the first day of instruction.
• If your former solicitor asserts a lien, be prepared to pay the disputed fees into court to secure release of the file.
• For cases already set down for trial, expect a court application for substitution and budget for the associated costs.